HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12192 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the husband of the informant is posted in BRO Sikkim. For purchasing a plot, the complainant has paid total sum of Rs.11,68,750/- through cheque in the office of HK Infravijon Private Limited. Sale deed for plot No.B-1/C of 1250sq ft, situated at village Mau, Tehsil Mohanlalganj, district Lucknow was executed by the co-accused Pramod Kumar Upadhyay. Mutation has also been made, however, since the date of execution of the sale deed, possession has not been given to the complainant. 3.Learned counsel for the applicant submits that there is no specific allegation against the accused applicant. The dispute appears to be civil in nature which has been tried to give a criminal colour by lodging the first information report. The co-accused Vinod Kumar Upadhyay has been granted bail vide order dated 25.11.2025 passed in Bail No.11500 of 2025. The applicant has explained criminal history of 10 cases in para 13 of the bail application. The offence is triable by Magistrate. The applicant is in jail since 23.7.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. Versus Counsel for Applicant(s) : Virendra Kumar Shukla Counsel for Opposite Party(s) : G.A. Seema Upadhyay .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 3.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 4.Considering the facts and circumstances of the case, the offence is triable by Magistrate, bail order of the co-accused (supra), the applicant is a lady, general nature of allegations made in the first information report, arguments advanced by learned counsel for the parties, the applicant is in jail since and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail. The bail application is accordingly allowed, on the ground of parity. 5.Let the applicant Seema Upadhyay, involved in case crime No.309 of 2025 under sections 61(2), 316(5), 318(4), 351(3), 352, 338, 336(3), 340(2) BNS, P.S. Mohanlalganj, district Lucknow be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the prosecution evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court and she shall appear on each and every date fixed by the trial Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. Any other condition(s) which the trial court/court concerned may deem fit and proper, in the circumstances of the case, may also be imposed. 7.The application is allowed accordingly. It is clarified that the observations made in this order are confined to the BAIL No. 12192 of 2025 2 present bail application and shall have no bearing on the merit of the trial. December 11, 2025 kkb/ BAIL No. 12192 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench